KHETRAMOHAN NAYAK Vs. SIDHA KAMAL NAYANA RAMANUJ DAS

JUDGEMENT

(1.) THIS application in revision arises out of a peculiar order passed by the Sub-divisional Magistrate, Sadar and Magistrate 1st Class, Purl.

(2.) IN G. R. Case No. 705/t. 147/1954, one Punia Chandra Swain was convicted by the Bub-divisional Magistrate, Puri under S. 381, Penal Code for theft of Rs. 7000/- from the possession of Sri Sindha Kamal Nayana Ramanuj Das, the Mahant of Sidha Math, Puri, who is the opposite party in the present revision. The stolen property consisting of Rs. 7000/- was recovered and seized and was in the custody of the Sub-divisional Magistrate.

(3.) KHETRAMOHALI Nayak, the petitioner herein, obtained a decree against the opposite party in a civil suit. That decree was passed against the opposite party in his personal capacity and it was not a decree against him in his capacity As the Mahant of Sidha Math belonging to Jagannath :mahaprayu.